Tennessee legislation · 114th General Assembly
Tennessee HB1904: AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to Indian child welfare.
Status: Chaptered, April 24, 2026
Fiscal Summary STATE GOVERNMENTEXPENDITURESDCSIndigent FundFY26-27 & Subsequent Years$150,000($150,000) Bill Summary This bill declares that it is the policy of this state to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes that will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operation of child and family service programs. TRIBE JURISDICTION OVER INDIAN CHILD CUSTODY PROCEEDINGS This bill provides the following: That an Indian tribe has jurisdiction exclusive as to any state over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the state by existing federal law. Where an Indian child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, notwithstanding the residence or domicile of the child. In any state court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the court, in the absence of good cause to the contrary, must transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe as long as such transfer is subject to declination by the tribal court of such tribe. In any state court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child's tr
What the bill says
An act which, if committed by an adult, would be deemed a crime or upon an award, in a divorce proceeding, of custody to one (1) of the parents; (2) "Child custody proceeding" means and includes foster care placement, termination of parental rights, preadoptive placement, and adoptive placement; (3) "Commissioner" means the commissioner of children's services; (4) "Extended family member" or (B) In the absence of such law or custom described in subdivision (4)(A), a person who has reached eighteen (18) years of age and who is the Indian child's grandparent, aunt or uncle, brother or sister, br.